MEMORANDUM OF UNDERSTANDING NO. 20 FOR JOINT SUBMISSION TO THE CITY COUNCIL REGARDING THE SUPERVISORY ADMINISTRATIVE UNIT

Transcription

1 MEMORANDUM OF UNDERSTANDING NO. 20 FOR JOINT SUBMISSION TO THE CITY COUNCIL REGARDING THE SUPERVISORY ADMINISTRATIVE UNIT THIS MEMORANDUM OF UNDERSTANDING Made and entered into this 9th day of April, 2014 Amended this 31 st day of March, 2016 BY AND BETWEEN THE CITY OF LOS ANGELES AND THE ENGINEERS AND ARCHITECTS ASSOCIATION July 2, 2013 through June 22, 2019

2 TABLE OF CONTENTS Page 1.0 GENERAL PROVISIONS 1.1 Recognition Parties to Memorandum of Understanding Implementation of Memorandum of Understanding Full Understanding Term Calendar for Successor Memorandum of Understanding Obligation to Support Savings Clause Management Rights City-Association Relationship Release time from City Service to Work for Association Amendment of MOU to Include New Classes Non-Discrimination ASSOCIATION SECURITY 2.1 Unit Membership List New Employee Information Work Access Use of City Facilities Bulletin Boards Actions by Employee Relations Board Employment Opportunities Legislative Check-Off Agency Shop Non-Discrimination GRIEVANCES 3.1 Grievance Procedure Grievance Representation Grievances of Suspensions ON THE JOB 4.1 Safety Personnel Folders Acting Assignment Pay Rest Period Rain Gear Uniforms i

3 TABLE OF CONTENTS Page 4.0 ON THE JOB (Continued) 4.7 Telecommuting WORK SCHEDULES 5.1 Alternative Work Schedule Deployment Period (Police Department) Hour Work Schedule COMPENSATION 6.1 Salaries Overtime Shift Differential Bilingual Bonus Sign Language Premium Court Appearances Civic Duty Jury Service Military Leave Mileage Call Back Pay Disturbance Calls On-Call/Standby Compensation Temporary Supervisory Pay Civilian Supervisory Differential Salary Step Advancement Schedule Changes for Personnel Business BENEFITS 7.1 Civilian Modified Flexible Benefits Program Retirement Benefits Sick Leave Benefits Family Illness Holidays and Holiday Pay Vacation Bereavement Leave Family and Medical Leave Parking Disability Insurance Plan Dependent Care Reimbursement Account ii

4 TABLE OF CONTENTS Page 7.0 BENEFITS (Continued) 7.12 Employee Assistance Program Workers Compensation Compensated Personal Time Off Intermittent Employees Part-Time Employment Salary Notes Letter of Agreement Appendix A Represented Classes and Paygrades Appendix B Salaries and Range Tables operative July 2, 2013 Appendix C Salaries and Range Tables operative April 6, 2014 Appendix D Salaries and Range Tables operative June 26, 2016 Appendix E Salaries and Range Tables operative June 25, 2017 Appendix F Salaries and Range Tables operative June 24, 2018 iii

5 ARTICLE 1.0 ARTICLE 1.1 GENERAL PROVISIONS RECOGNITION Management hereby recognizes the Engineers and Architects Association (EAA), as the exclusive representative of the employees in the Supervisory Administrative Unit, for which EAA was certified as the majority representative by the Employee Relations Board on July 20, EAA shall be the exclusive representative of employees in the Supervisory Administrative Unit, subject to the right of each employee to represent himself/herself. The term "employee", as used herein, shall refer only to employees in the classifications listed in Appendix A Salaries, as well as such classes as may be added hereafter to the Unit by the Employee Relations Board. ARTICLE 1.2 PARTIES TO MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into on April 6, 2014, and amended on March 31, 2016 between the City Administrative Officer (CAO), as authorized management representative of the City Council, and the authorized management representatives of any City Departments in which classifications listed in the Appendices may be employed (hereinafter referred to as "Management") and authorized representatives of the Engineers and Architects Association ( EAA or "Association") as the exclusive recognized employee organization for the Supervisory Administrative Unit. ARTICLE 1.3 IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING This MOU constitutes a joint recommendation of Management and the Association. It shall not be binding in whole or in part on the parties listed below unless and until: a. The Association has notified the CAO in writing that it has approved this MOU in its entirety; and b. The City Council has approved this MOU in its entirety. Where resolutions, ordinances or amendments to applicable codes are required, this MOU shall not be binding, in whole or in part, until all such resolutions, ordinances, or amendments become effective. ARTICLE 1.4 FULL UNDERSTANDING Management and the Association acknowledge that during the meet and confer process, each had the unlimited right and the opportunity to make demands and proposals on any subject within the scope of representation and that this MOU constitutes the full and entire understanding of the parties regarding all such demands and proposals. The parties mutually understand that any prior or existing understandings or agreements by the parties, whether formal or informal, are hereby superseded or terminated. MOU20 07/02/ /30/2016 1

6 The parties mutually agree that this MOU may not be opened at any time during its term for any reason, except where noted herein or by mutual consent of the parties hereto. It is mutually understood that any changes mutually agreed to shall not be binding upon the parties unless and until they have been implemented in accordance with Article 1.3. The waiver or breach of any term or condition of this MOU by any party hereto, shall not constitute a precedent in the future enforcement of any of its terms and provisions. ARTICLE 1.5 TERM The term of this MOU shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article 1.3, Implementation of Memorandum of Understanding, are fully met, but in no event shall said MOU become effective prior to date of adoption by the City Council. This MOU shall expire and otherwise be fully terminated at 11:59 P.M. on June 22, ARTICLE 1.6 CALENDAR FOR SUCCESSOR MEMORANDUM OF UNDERSTANDING In the event the Association or Management desires a successor MOU, said party shall serve upon the other written notice prior to the expiration of this MOU, but no later than March 1, Meet and confer sessions shall begin no sooner than 180 days and no later than 30 days prior to the expiration of this MOU. ARTICLE 1.7 OBLIGATION TO SUPPORT During the period of time the proposed MOU is being considered by the Mayor, City Council, or Council Committees, neither the Association nor Management, nor their authorized representatives, will appear before the Mayor, City Council, or Council Committees, nor meet with the Mayor or members of the City Council individually to advocate any addition or deletion to the terms and conditions of this MOU. However, this Article shall not preclude the parties from appearing before the Mayor, City Council, or Council Committees, nor meeting with the Mayor or individual members of the City Council to advocate or urge the adoption of this MOU. ARTICLE 1.8 SAVINGS CLAUSE If any term or provision of this MOU is found to be in conflict with any City, State or Federal law, the parties agree to meet promptly, and as often as necessary, to expeditiously renegotiate this term or provision. All other terms and provisions of this MOU shall remain in full force and effect during the period of such renegotiations and thereafter until their normal expiration date. 2

7 The parties understand that many of the employees covered by this MOU may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 210 et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive required benefits and any additional benefits set forth herein if compatible with the FLSA. ARTICLE 1.9 MANAGEMENT RIGHTS As the responsibility for the management of the City and direction of its work force is vested exclusively in its City officials and department heads whose powers and duties are specified by law, it is mutually understood that except as specifically set forth herein no provisions in this MOU shall be deemed to limit or curtail the City officials and department heads in any way in the exercise of the rights, powers and authority which they had prior to the effective date of this MOU. The Association recognizes that these rights, powers, and authority include but are not limited to, the right to determine the mission of its constituent departments, offices and boards, set standards of services to be offered to the public, exercise control and discretion over the City's organization and operations, take disciplinary action for proper cause, relieve City employees from duty because of lack of work, lack of funds or other legitimate reasons, determine the methods, means and personnel by which the City's operations are to be conducted, take all necessary actions to maintain uninterrupted service to the community and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees and their representatives from consulting or raising grievances about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. ARTICLE 1.10 CITY - ASSOCIATION RELATIONSHIP A. Continuity of Service to the Public The City of Los Angeles is engaged in public services requiring continuous operations that are necessary to maintain the health and safety of all citizens. The obligation to maintain these public services is imposed both upon the City and the Association during the term of this MOU and the certification of the Association as the exclusive representative of the employees in this Unit. B. Mutual Pledge of Accord Inherent in the relationship between the City and its employees is the obligation of the City to deal justly and fairly with its employees and of the employees to cooperate with their fellow employees and the City in the performance of their public service obligation. It is the purpose of this MOU to promote and ensure harmonious relations, cooperation and understanding between the City and the employees represented 3

8 by the Association and to establish and maintain proper standards of wages, hours and other terms or conditions of employment. C. No Strike - No Lockout In consideration of the mutual desire of the parties to promote and ensure harmonious relations and in consideration of the Mutual Pledge of Accord, the City agrees that there shall be no lockout or the equivalent of members of the Association, and the Association and its members agree that there shall be no strike or other concerted action resulting in the withholding of service by the members during the term of this MOU. Should such a strike or concerted action by Association members occur, the Association shall immediately instruct its members to return to work. It is mutually understood and agreed that the City has the absolute right to impose discipline and, in that regard, shall have the right to take disciplinary action, including discharge, against any employee who participates in any manner in any strike or slowdown, withholding of services, picketing in support of a strike, or other concerted action. The curtailing of operations by the City in whole or part for operational or economic reasons shall not be construed as a lockout. The provisions of this Paragraph C shall not detract in any way from any restrictions imposed by law on strikes and other types of work stoppages by public employees. ARTICLE 1.11 RELEASE TIME FROM CITY SERVICE TO WORK FOR THE ASSOCIATION The appointing authority of any City department may grant to elected officers or appointed representatives of the EAA time off for employee organization representation activities in that Department. No more than one employee in a Department or Bureau of the Department Public Works, and no more than four employees for all EAA bargaining units, shall be allowed release time under this Article. A. The employee shall submit the request for release at least 21 calendar days prior to the effective release date, specifying the starting and ending dates of release. B. The employee shall be paid the employee s current salary by the City while the employee is performing these duties for EAA. C. Employees shall retain all of their existing benefits, including, but not limited to medical, dental, deferred compensation plan, retirement benefits, and seniority accrual in their civil service class. D. The EAA shall reimburse the City for all documented actual salary and benefits costs incurred as a result of release time, including but not limited to, vacation, sick leave, compensated time off, retirement, short-term disability, life insurance, 4

9 medical, dental, and workers compensation. The benefits costs shall be based on the benefits rates established by the CAO as contained in the City Budget in effect during the period of release time, and the cost of other benefits recommended by the Joint Labor Management Benefits Committee and approved by the City Council that become effective during this period. E. Payment of any overtime worked while on release time shall be the responsibility of the EAA. F. The City shall invoice EAA for reimbursement on a quarterly basis and EAA shall make quarterly payments to the Controller of all reimbursable costs identified in Section D above. G. Employees on release time shall submit weekly time sheets (signed by the employee and the EAA Executive Director or his/her designee to their respective Departmental Personnel Officer specifying the number of hours worked, and use of any sick leave, vacation time or compensated time off. H. Should an employee incur a work-related injury while on release time, he/she shall remain on release time with the EAA during the period of injury-on-duty (IOD), or until the release time has ended, and shall continue to be counted in determining the four employee maximum, as provided for above. I. When the employee returns from release time, he/she shall return to his/her civil service classification and pay grade at the time of release. J. Release time shall be granted for a maximum of 12 months in any three-year period. Additional release time shall be permitted only with Management s approval. The three LAAC year period shall commence on the first day of authorized release. K. The employee must have passed probation in his/her current class to be eligible for release time. L. The EAA shall indemnify, defend and hold the City and its officers and employees harmless against any and all claims, suits, demands or other forms of liability that might arise out of or result from any action taken by an employee in the service of the EAA. M. The CAO shall maintain a list of employees who have been approved for release time and the approved duration. 5

10 ARTICLE 1.12 AMENDMENT OF MEMORANDUM OF UNDERSTANDING TO INCLUDE NEW CLASSES Upon written notification from the CAO to the Controller, this MOU shall be amended to incorporate the class and salary of any class accreted to this Unit after the adoption of this MOU and in accordance with Article 1.1 of this MOU. ARTICLE 1.13 NON-DISCRIMINATION The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, color, religion, national origin, sex, age, disability, marital status, sexual orientation, gender identity, gender expression, creed, ancestry, medical condition, Acquired Immune Deficiency Syndrome (AIDS) - acquired or perceived, EAA activity, political beliefs or retaliation for having filed a discrimination complaint. Management and the Association further agree that no employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of his/her rights granted pursuant to Section of the Employee Relations Ordinance. 6

11 ARTICLE 2.0 ARTICLE 2.1 ASSOCIATION SECURITY UNIT MEMBERSHIP LIST Within 30 days from the effective date of this MOU and each 30 days thereafter, Management will provide the Association with an alphabetized list of employees subject to this MOU in classes listed in the appendices attached hereto, which will include each employee's name, employee number, class title, EAA membership status, and location by department and division, where such information is available. Home addresses shall be provided within 60 days from the effective date of this MOU and each 90 days thereafter. Management will provide the Association in writing, within 90 days from the effective date of this MOU and each 90 days thereafter, an alphabetized list of employees subject to this MOU, grouped by class within departmental fund number and indicating each employee's name, employee number, class code, class title, membership status, and location by division, as applicable. This information will be provided either in an electronic format or in a printed report as requested by the Association. ARTICLE 2.2 NEW EMPLOYEE INFORMATION Management will provide each new employee covered by this MOU a printed notice containing the following information only: 1. Your classification is included in one of the following units represented by the Engineers and Architects Association (EAA). a. Administrative Unit MOU 1 b. Supervisory Technical Unit MOU 19 c. Supervisory Administrative Unit MOU 20 d. Technical Unit MOU EAA has been certified to meet and confer with Management on matters pertaining to your wages, hours of work, employee benefits and other terms and conditions of employment, and is the exclusive recognized employee organization for all employees in the units listed above. 3. For additional information, contact EAA at 350 South Figueroa Street, Suite 600, Los Angeles, CA 90071, or telephone (213) ARTICLE 2.3 WORK ACCESS A full-time Association Staff Representative shall have access to the facilities of the departments, offices or bureaus represented herein during working hours for the purpose of assisting employees covered under this MOU in the adjusting of grievances when such Association assistance is requested by the grievant(s), or investigating 7

12 matters arising out of the application of the provisions of this MOU. Said representative shall request authorization for such visit by contacting the designated representative of the head of the department, office, or bureau of the facility that the representative desires to visit. In the event immediate access cannot be authorized, the Association staff representative shall be informed as to the time when access can be granted. The City will make efforts to allow use of available space to which they have access in a leased facility in accordance with the lease agreement and/or building rules and regulations. The Association agrees to abide by the limitations established by the building management. The Association shall give to all heads of departments, offices, or bureaus represented herein and to the CAO a written list of its full-time Association Staff Representatives which shall be kept current by the Association. This Article shall not be construed as a limitation on the power of the head of a department, office, or bureau to restrict access to areas designated as secure or confidential. ARTICLE 2.4 USE OF CITY FACILITIES The Association shall be permitted to use City facilities with prior Management approval for the purpose of holding meetings to the extent that such facilities are available to other organizations and individuals, and to the extent that such use of the facility will not interfere with normal departmental operations. Participating employees will attend said meetings on their own time. If the use of a facility normally requires a fee for rental or special set-up, security, and/or cleanup service, the Association will provide or assume the cost of such service(s) or facility. ARTICLE 2.5 BULLETIN BOARDS Each department agrees to provide a bulletin board or space at each work location, which may be used by the Association for the following purposes: a. Notices of Association meetings. b. Notices of Association elections and their results. c. Notices of Association recreational and social events. d. Reports of official Association business. e. Any other communication or written material, which has received the prior approval of the departmental or bureau management representative, or his/her designee. All notices or other communications prior to being posted shall be identified with an official stamp of the Association, initialed by a full-time Association staff representative, 8

13 and if requested by Management, submitted to the management representative of a department, office or bureau for posting. It is further agreed that the Association representative shall place a removal date on all materials to be posted. ARTICLE 2.6 ACTIONS BY EMPLOYEE RELATIONS BOARD If any action(s) by the Employee Relations Board (ERB) prior to the expiration of this MOU result in any significant changes to the composition of this Unit, the parties to this MOU will meet as soon as possible thereafter to consider any revisions or amendments thereto that may be required. ARTICLE 2.7 EMPLOYMENT OPPORTUNITIES The Personnel Department will transmit to the Association copies of all job bulletins. Tentative examination bulletins approved by the Head of the Selection Division of the Personnel Department will be submitted seven (7) calendar days in advance of the public posting of the final bulletin for examination. ARTICLE 2.8 LEGISLATIVE CHECK-OFF During the term of this MOU, a payroll deduction will be established by the Association for the purpose of allowing employees in this unit to contribute towards the Association's federal legislative activities. Said contributions shall be deducted by the Controller from 24 biweekly payroll checks of each employee in this Unit who voluntarily consents to said contribution by submitting a payroll deduction card signed by the individual employee. Remittance of the amount of said deductions shall be sent to the Association by the Controller within 30 working days after the conclusion of the month in which said deductions were withheld. A fee of nine cents ($.09) per deduction shall be assessed by the Controller for the processing of each payroll deduction taken. The Controller will deduct the aggregate amount of said fees on a biweekly basis. Contributions shall be made payable as directed by the Association to the Federal Legislative Action Committee of the Association. It is agreed that neither any employee nor the Association shall have claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the Controller within 30 calendar days after the date such deductions were or should have been paid. 9

14 ARTICLE 2.9 AGENCY SHOP The following agency shop provisions shall be effective on the first day of the pay period following the date of City Council adoption of this MOU. A. DUES/FEES 1. a. Each permanent employee* in this Unit (who is not on a leave of absence) shall, as a condition of continued employment, become a member of the certified representative of this Unit, or pay the Association a service fee in an amount not to exceed periodic dues and general assessments of the Association for the term of this MOU, or a period of one year from the operative date of this Article, whichever comes first. Such amounts shall be determined by the Association and implemented by Management in the first payroll period which starts 30 days after written notice of the new amount is received by the Controller. Any increase in Association dues or fees that results from general (cost-of-living) salary increases, and/or special or technical salary adjustments, being applied to the salary of City classifications shall be implemented by Management on a prospective basis, with said increase in dues or fees being deducted commencing with the first payroll period in which the adjusted salary appears. Under no circumstances shall said increase in dues or fees be collected from employees paychecks on a retroactive basis. (*A permanent employee is defined as one who has completed six continuous months of City service from his/her original date of appointment and who is a member of the Los Angeles City Employees' Retirement System.) b. Notwithstanding any provisions of Los Angeles Administrative Code (LAAC) Article 2, Section to the contrary, during the term of this MOU, payroll deductions requested by employees in this Unit for the purpose of becoming a member and/or to obtain benefits offered by any qualified organization other than the Association will not be accepted by the Controller. For the purpose of this provision qualified organization means any organization of employees whose responsibility or goal is to represent employees in the City's meet and confer process. 2. The CAO and the Association shall jointly notify all members of the Unit that they are required to pay dues or a service fee as a condition of continued employment and that such amounts will be automatically deducted from their paychecks. The religious exclusion will also be 10

15 B. EXCEPTIONS explained. The cost of this communication and the responsibility for its distribution shall be borne by the City 1. Management and Confidential Employees In accordance with Section (e) of the Government Code and LAAC Section 4.830(d), this Article shall not apply to management or confidential employees. a. Management and confidential employees shall be as defined in LAAC Section and designated in accordance with LAAC Section (d). 2. Religious Objections Any employee who is a member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency shop fees, pay sums equal to said amounts to a non-religious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, which has been selected by the employee from a list of such funds designated by the parties hereto in a separate agreement. Such payments shall be made by payroll deduction as a condition of continued exemption from the requirements of financial support to the Association and as a condition of continued employment. C. MANAGEMENT RESPONSIBILITIES 1. The Controller shall cause the amount of the dues or service fee to be deducted from 24 biweekly payroll checks of each employee in this unit as specified by the Association under the terms contained herein. "Dues," as distinct from "service fee," shall be the result of voluntary consent in the form of a payroll deduction card signed by the individual employee. a. Remittance of the aggregate amount of all dues, fees and other proper deductions made from the salaries of employees hereunder shall be made to the Association by the Controller within 30 working days after the conclusion of the month in which said dues, fees and/or deductions were deducted. b. A fee of nine cents ($.09) per deduction shall be assessed by the City Controller for the processing of each payroll deduction taken. 11

16 The City Controller will deduct the aggregate amount of said fees on a biweekly basis. 2. The Controller shall also apply this provision to every permanent employee who, following the operative date of this Article becomes a member of this representation unit, within 60 calendar days of such reassignment or transfer. Such deduction shall be a condition of continued employment. 3. Management will provide the Association with the name, home address, and employee identification number of each permanent employee. 4. The Controller shall provide the organization, at least monthly, a status report showing all changes in the employment status of employees in this Unit which affect the applicability of the provisions of this Article to those employees. 5. Information detailed above shall be provided by electronic format or in a printed report as requested by the Association. D. ASSOCIATION RESPONSIBILITIES 1. The Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City Clerk, and to all Unit employees, within 60 calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its president and the treasurer or corresponding principal officer, or by a certified public accountant. 2. The Association certifies to the City that it has adopted, implemented and will maintain constitutionally acceptable procedures to enable nonmember agency shop service fee payers to meaningfully challenge the propriety of the uses to which service funds are put; and that those procedures are in accordance with the decision of the United States Supreme Court in Chicago Teachers Union, Local No. 1, AFT, AFL-CIO, et al. v. Hudson, 475 U.S. 292 (1986). 3. The Association agrees to indemnify and hold harmless the City for any loss or damage arising from the operation of this Article. It is also agreed that neither any employee nor the Association shall have any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the Controller within 30 calendar days after the date such deductions were or should have been made. 12

17 E. RESCISSION The agency shop provisions herein may be rescinded in accordance with the procedures contained in Rule 12 of the ERB adopted January 11, In the event that this Article is overturned by employees in this Unit, all other articles of the MOU shall remain in full force and the prior agreement, rules, regulations and past practices relating to organizational dues deductions authorizations shall be reinstated until a successor MOU or amendment shall have been approved. During the term of this MOU, and upon compliance with the requirements of the LAAC and the rules and regulations of the Controller pertaining thereto, Association dues and such other deductions as may be properly requested and lawfully permitted will be deducted by the Controller biweekly in 24 increments annually from the salary of each employee in the Unit who files with the Controller a written authorization that such deductions be made. A nine cent ($.09) fee will be assessed by the Controller for the processing of each deduction taken, and will be deducted biweekly. Payroll deductions for Association dues shall be increased proportionately in the same pay period as any general salary increase for this Unit is implemented. Remittance of the aggregate amount of said dues will be made to the Association by the Controller within 30 working days after said dues and/or deductions were deducted. Any increase in Association dues or fees that results from general (cost-of-living) salary increases, and/or special or technical salary adjustments, being applied to the salary of City classifications shall be implemented by Management on a prospective basis, with said increase in dues or fees being deducted commencing with the first payroll period in which the adjusted salary appears. Under no circumstances shall said increase in dues or fees be collected from employees paychecks on a retroactive basis. Remittance of dental plan deductions will be made in a like manner, except the payments shall be sent to the Association but shall be made payable to the dental insurance carrier. ARTICLE 2.10 NON-DISCRIMINATION The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, ethnicity, color, religion, creed, gender (including pregnancy, childbirth, breastfeeding, or medical conditions related to these areas), gender identity, gender expression, sexual orientation, LGBT identity, marital status, age (40 and over), actual or perceived disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), genetic information, national origin (including language use restrictions), ancestry, political activities or political affiliation, military and veteran status, or by denying Family and Medical Leave Care or by engaging in retaliation for having filed a discrimination complaint, for participating in a discrimination investigation or for opposing discrimination. 13

18 Management and the Association agree that no employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of Association activity and/or the exercise of any employee rights granted pursuant to LAAC Sections and/or (Employee Relations Ordinance). 14

19 ARTICLE 3.0 ARTICLE 3.1 GRIEVANCES GRIEVANCE PROCEDURE STATEMENT OF INTENT Management and the Association have a mutual interest in resolving workplace issues appropriately, expeditiously and at the lowest level possible. In recognition of this mutual interest, the parties acknowledge that the grievance process is not a replacement for daily communication between the employee and the supervisor, nor is it inherently an adversarial process. Rather, it is a process to mutually resolve workplace issues to the maximum extent possible within the organization. Section I - Definitions A. Grievance A grievance is defined as a dispute concerning the interpretation or application of this written MOU, or departmental rules and regulations governing personnel practices or working conditions applicable to employees covered by this MOU. The parties agree that the following shall not be subject to the grievance procedure: 1. An impasse in meeting and conferring upon the terms of a proposed MOU. 2. Any matter for which an administrative remedy is provided before the Civil Service Commission. 3. Any issue that the parties agree to refer to another administrative resolution process. B. Employee Comment Sheet (Comment Card) LAPD Employee Comment Sheets (Comment Cards) are used to document positive and negative conduct or incidents. Employee Comment Sheets (Comment Cards) are not considered disciplinary in nature. It is mutually agreed that in the Los Angeles Police Department an Employee Comment Sheet (Comment Card) is not grievable or arbitrable. An employee may use an Employee s Report, Form 15.7, to make a written response to the Employee Comment Sheet (Comment Card) within 30 days after it is served. Section II - Responsibilities and Rights A. Nothing in this grievance procedure shall be construed to apply to matters for which an administrative remedy is provided before the Civil Service Commission. 15

20 Where a matter within the scope of this grievance procedure is alleged to be both a grievance and an unfair labor practice under the jurisdiction of the ERB, the employee may elect to pursue the matter under either the grievance procedure herein provided, or by action before the ERB. The employee's election of either procedure shall constitute a binding election of the remedy chosen and a waiver of the alternative remedy. B. No grievant shall lose the right to process a grievance because of Management imposed limitations in scheduling meetings. C. The grievant has the responsibility to discuss the grievance informally with the immediate supervisor. The immediate supervisor will, upon request of a grievant, discuss the grievance with the employee at a mutually satisfactory time. The grievant may be represented by a representative of the grievant s choice in the informal discussion with the immediate supervisor and in all formal review levels and in arbitration. When more than one employee in a department is aggrieved, and the facts and issues of the alleged grievance are the same, and if affected employees agree to waive their right to discuss the grievance with their immediate supervisor, a single immediate supervisor will be designated by department Management to discuss the grievance at the informal level with affected employees designated to represent the grievance and the employees representative. Such grievance will be processed as a single grievance through all formal levels of review. All affected employees involved in the action must waive their respective rights to file an individual grievance on the same issue and to discuss the grievance at the informal level with the respective immediate supervisors on a form provided by Management prior to the discussion with the designated supervisor. In instances where more than one employee in a department is aggrieved, the Association may elect to file the grievance on behalf of the employees. The facts and issues of the alleged grievance must be the same. Such grievance must contain the names of all grievants and the specific facts pertaining to each grievant. At the time of filing the grievance, the Association may request that the first level of review be at a level higher than Step 1 and shall provide justification for such request. A single supervisor will be designated by department Management to discuss the grievance at each level with one affected employee designated to represent the grievance and the Association. Such grievance will be processed as a single grievance through all formal levels of review. All affected employees involved in the action must waive their respective rights to file an individual grievance on the same issue and to discuss the grievance at the informal level with their respective immediate supervisors on a form provided by Management prior to the discussion with the designated supervisor. Such form shall also include a statement that the employee understands that he/she is party to a grievance filed by the Association. 16

21 D. The time limits between steps of the grievance procedure provided herein may be extended by mutual agreement; or, by mutual agreement, the grievant and Management may waive one or more levels of review from this grievance procedure. E. Management shall notify the Association of any formal grievance filed that involves the interpretation and/or application of the provisions of this MOU, and a paid Association Staff Representative shall have the right to be present and participate in the discussion at any formal grievance meeting concerning such a grievance. The paid Association Staff Representative who elects to attend the grievance meeting shall notify the head of the department, office or bureau. The Association is to be notified of the resolution of all other formal grievances. Section III - Procedure GENERAL PROVISIONS 1. BINDING ELECTION OF PROCEDURE Where a matter within the scope of this grievance procedure is alleged to be both a grievance and an unfair labor practice under the jurisdiction of the ERB, the employee must elect to pursue the matter under either the grievance procedure herein provided, or by action before the ERB. The employee s election of either procedure shall constitute a binding election of the procedure chosen and a waiver of the alternate procedure. 2. GRIEVANCE PROCESS RIGHTS No grievant shall lose his/her right to process his/her grievance because of Management-imposed limitations in scheduling meetings. 3. TIME, TIME LIMITS AND WAIVERS Business days shall be defined as Monday thru Friday, exclusive of City Holidays, as defined in Article 7.5 of this MOU. The time limits between steps of the grievance procedure provided herein may be extended by mutual agreement, not to exceed 60 business days. In addition, the grievant and Management may jointly waive one level of review from this grievance procedure. 4. MEDIATION At any step following the Informal Discussion in the grievance process, the Association or Management may request mediation, by letter to the 17

22 department s personnel officer. Within 10 business days of receipt of a request for mediation, the receiving party shall either return the request without action or request that the ERB appoint a mediator. The ERB shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, the Association and Management may jointly agree to a mediator selected by the Executive Director of the ERB. The fees of such mediator shall be shared equally by the Association and Management. The primary effort of the mediator shall be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal, i.e., court reporters shall not be allowed, the rules of evidence shall not apply, and no formal record shall be made. The mediator shall determine whether witnesses are necessary in the conduct of the proceedings. If settlement is not possible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, along with a brief statement of the reasons for the opinion. Such opinion shall not be used during any subsequent arbitration. Notwithstanding the above, and LAAC Section 4.865, the parties may mutually agree to accept the opinion of the mediator as binding. If mediation does not resolve the issue, the grievant has 10 business days to file an appeal to the next level in the procedure. 5. EXPEDITED ISSUES To resolve issues at the appropriate level, the following issues will be automatically waived to the General Manager level of the grievance process. Suspensions without pay Allegations of failure to accommodate medical restrictions Allegations of retaliation Whistleblower complaints Additional issues may be waived to the General Manager level upon mutual agreement of the Association and Management. 18

23 GRIEVANCE PROCESS STEP 1 - ISSUE IDENTIFICATION AND INFORMAL DISCUSSION The employee shall discuss the issue with the immediate supervisor on an informal basis to identify and attempt resolution of the employee s issue within 10 business days following the day the issue arose. The employee shall have the affirmative responsibility to inform the supervisor that the issue is being raised pursuant to this grievance procedure. The immediate supervisor shall meet with the employee, secure clarification of the issue, consider the employee s proposed solution, and discuss possible alternative solutions and/or other administrative remedies. The immediate supervisor shall inform the department s personnel office, and the personnel director shall inform the Association of the grievance. The immediate supervisor shall respond verbally within 10 business days following the meeting with the employee. Failure of the supervisor to respond within the time limit shall entitle the employee to process the issue to the next step. STEP 2 If the issue is not resolved at Step 1, or jointly referred to another administrative procedure for resolution, the employee may, within 10 business days of receiving the response from the immediate supervisor, serve a grievance initiation form with the immediate supervisor (or another member of management if the immediate supervisor is not available within the ten day filing period), who will accept it on behalf of management and immediately forward it to the next level manager above the immediate supervisor who is not in the same bargaining unit as the employee. The manager, or appropriate designee, shall meet with the employee within 10 business days of the date of service of the grievance form at this Step to discuss the facts and solicit information on possible solutions or other appropriate administrative procedures. The manager will provide a written response to the employee within 10 business days of meeting with the employee. Failure of Management to respond within the time limit shall entitle the grievant to process the grievance to the next step. STEP 3 If the grievance is not resolved at Step 2, the employee may serve a written appeal to the General Manager, or designee, within 10 business days following (a) receipt of the written response at Step 2, or (b) the last day of the response period provided for in Step 2. The General Manager or designee shall meet with the employee within 10 business days of the date of service of the appeal, discuss the facts, and solicit information on possible alternative solutions. A 19

24 written response will be provided to the employee within 20 business days from the date of meeting with the employee. Los Angeles Police Department only: If the grievance is not resolved at Step 2, the employee may serve a written appeal with the Chief of Police. If the Chief of Police, or designee, fails to respond within 10 business days, the grievant may process the grievance to the next level. The employee may serve written notice of the grievance to the Police Commission, or designee, within 10 business days following (a) receipt of the written response at Step 3, or (b) the last day of the response period provided for in Step 3. Failure of the grievant to serve such notice upon the Chief of Police shall constitute a waiver of the grievance. The grievance shall be heard by the Commission, or designee, within 10 business days of the receipt of the appeal, and a written decision shall be rendered within 30 business days from the date of meeting with the employee. STEP 4 - ARBITRATION If the written response at Step 3, or mediation, does not settle the grievance, or Management fails to provide a written response within 30 business days of the Step 3 meeting in the Police Department, the Step 3 meeting includes Chief of Police and Police Commission levels of review. The Association may elect to serve a written request for arbitration with the ERB. A copy of this notice shall be served upon the department s personnel officer. The request for arbitration must be filed with the ERB within 20 business days following (a) the date of service of the written response of the General Manager/Commission or the designee, or (b) the last day of the response period provided for in Step 3. Failure of the Association to serve a written request for arbitration with the ERB within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall jointly select an arbitrator from a list of seven arbitrators furnished by the ERB, within 10 business days following receipt of said list. Failure of the Association to notify the ERB of the selected arbitrator within 60 business days of receipt of said list shall constitute a waiver of the grievance. 1. Arbitration of a grievance hereunder shall be limited to the formal grievance as originally filed by the employee to the extent that said grievance has not been satisfactorily resolved. The proceedings shall be conducted in accordance with applicable rules and procedures adopted or specified by the ERB, unless the parties hereto agree to other rules or procedures for the conduct of such arbitration. The fees and expenses of the arbitrator shall be shared equally by the parties involved, it being mutually understood that all other expenses including, but not limited to, fees for witnesses, transcripts, and similar costs incurred by the parties 20

25 during such arbitration, will be the responsibility of the individual party incurring same. 2. The decision of an arbitrator resulting from any arbitration of a grievance hereunder shall be binding upon the parties concerned. 3. The decision of an arbitrator resulting from any arbitration of grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this MOU. PROCEDURE FOR GRIEVANCES AFFECTING A GROUP OF EMPLOYEES The Association may elect to file a grievance on behalf of two or more employees employed in the same department, office, or bureau. The facts and issues of the grievance must be the same. PROCEDURE: STEP 1 The Association shall file the grievance in writing with the General Manager, or designee, of the affected department within 20 business days following the day the issue arose. To the extent possible, the filing shall include the issue of the grievance, proposed solution(s), the names of the employees impacted by the issue, and the specific facts pertaining to each grievant and completed waiver forms for each participating grievant employed in that department, office, or bureau. All employees participating in the grievance must waive their respective rights to file an individual grievance on the same issue by completing an individual grievance waiver form which shall be included with the group grievance submittal. The General Manager, or designee, shall provide written notification to the Employee Relations Division of the CAO of the receipt of the grievance. The General Manager, or designee, shall meet with no more than 2 grievants named in the group grievance and the Association within 20 business days of receipt of the complete and proper group grievance filing to review the facts, solicit information on the proposed solution(s), or consider other appropriate administrative procedures. The General Manager, or designee, may include department managers who have knowledge of the grievance issues and/or representatives from the CAO s Employee Relations Division in the meeting with the Association. The General Manager, or designee, shall prepare a written response within 20 business days of the meeting. 21